European and Spanish patent

and trademark attorneys

The new unitary patent is a single patent which will be granted with equal effect through each and every participating member state and will be maintained as a single unit. It can be regarded as a supranational validation instead of a national validation of a European patent.

The unitary patent will be granted by the European Patent Office (EPO) like any European patent. If the applicant wants the European patent to become a unitary patent, he/she will have to register the European patent as a unitary patent within a period of 1 month after grant. During a transitional period, a translation of the patent into English (if the patent was not already in English) or into any other European language (if the patent is in English) will have to be provided together with the request.

Infringement and validity decisions concerning a unitary patent will apply equally to all participating member states.

With regard to transfers and licenses, the unitary patent will only be able to be transferred as a whole. However, it will be possible to license it in respect of the whole or part of the territories of the participating member states.